Greg Johnson: Liquor by drink debate not drying up in Pigeon Forge

n The lawsuit filed last month in Sevier County by Concerned Churches and Citizens of Pigeon Forge contesting the Nov. 6 vote that approved liquor by the drink by a 100-vote margin is sure to give some folks a shot just before the holidays. Dennis Francis, attorney for the Sevier County Election Commission, has asked that the suit be dismissed by Chancellor Telford Forgety.

The chancellor had yet to set a hearing date as of Tuesday.

Francis' filing says the Concerned group doesn't have legal standing, but the original complaint identifies the anti-liquor outfit as "a single issue campaign committee which has a charge of a campaign for the rejection of the referendum to approve liquor by the drink in the city of Pigeon Forge, Tennessee."

Subpoenas were served this week for the initial round of depositions, scheduled for next Tuesday. Poll workers will be deposed, and they should be able to shed light on why some eligible voters were unable to vote on liquor while some ineligible voters could cast a ballot on booze.

n Pigeon Forge City Commission last week passed on first reading an ordinance that would bring Pigeon Forge into compliance with state liquor statutes. State law allows liquor sales until 3:00 a.m. The lateness of last call caused consternation.

Commissioners Randall Robinson and Howard Reagan voted against it, in part because of the 3:00 a.m. cutoff. Mayor David Wear noted the wee hours' closing time might harm Pigeon Forge's "family-friendly" image. City attorney Jim Gass was to ask the state if Pigeon Forge could cork bottles earlier.

n With election results certified, the state Alcoholic Beverage Commission would be required to process any applications received from Pigeon Forge. But what if a license is issued and the Nov. 6 vote then voided?

"We don't take a stance (on the referendum) one way or the other," said Gina Winfree, staff attorney for the ABC.

But ABC would issue a license to a qualified applicant absent an injunction. Lewis Howard, Jr., attorney for the Concerned group, didn't ask for an injunction when he wrote the ABC but said his clients are "hopeful that the Alcoholic Beverage Commission will refrain from issuing any such permits."

If the election is voided after a license is issued, Winfree said, "That would be something we would have to look at. (ABC) would follow the law."

In other words, even with a license in hand, some restaurateurs could come up dry if the referendum is voided.